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Daily Rules, Proposed Rules, and Notices of the Federal Government

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 761

[EPA-HQ-RCRA-2011-0524 [FRL-9703-1]

RIN 2050-AG71

Polychlorinated Biphenyls (PCBs): Revisions to Manifesting Regulations

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The Environmental Protection Agency ("EPA" or "the Agency") is issuing this direct final rule to update and clarify several sections of the Polychlorinated Biphenyl (PCB) regulations associated with the manifesting requirements, which uses the Resource Conservation and Recovery Act (RCRA) Uniform Hazardous Waste Manifest, under the Toxic Substances Control Act (TSCA).Today's changes are to match, as much as possible, the manifesting requirements for PCBs under TSCA to the manifesting requirements for hazardous waste under RCRA, of which the regulatory changes to implement the Uniform Hazardous Waste Manifest form were promulgated on March 4, 2005.
DATES: This direct final rule will be effective December 5, 2012 without further notice, unless EPA receives adverse written comment by November 5, 2012. If adverse comments are received, EPA will publish a timely withdrawal in theFederal Registerinforming the public that the amendments in this direct final rule will not take effect.
ADDRESSES: *www.regulations.gov:Follow the on-line instructions for submitting comments.

*Email: rcra-docket@epa.govandnoggle.william@epa.gov. Attention Docket ID No. EPA-HQ-RCRA-2011-0524.

*Fax:202-566-9744. Attention Docket ID No. EPA-HQ-RCRA-2011-0524.

*Mail:RCRA Docket (28221T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Attention Docket ID No. EPA-HQ-RCRA-2011-0524. Please include a total of 2 copies.

*Hand Delivery:Please deliver 2 copies to the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions:Direct your comments to Docket ID No. EPA-HQ-RCRA-2011-0524. EPA's policy is that all comments received will be included in the public docket without change and may be made available online athttp://www.regulations.gov,including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected throughhttp://www.regulations.govor email. Thehttp://www.regulations.govWeb site is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going throughhttp://www.regulations.gov,your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage athttp://www.epa.gov/epahome/dockets.htm.

Docket:All documents in the docket are listed in thehttp://www.regulations.govindex. Although listed in the index, some information is not publicly available,e.g.,CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically inhttp://www.regulations.govor in hard copy at the HQ-Docket Center, Docket ID No EPA-HQ-RCRA-2011-0524, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the RCRA Docket is (202) 566-0270. A reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: William Noggle, U.S. Environmental Protection Agency, Office of Resource Conservation and Recovery, (MC: 5304P), 1200 Pennsylvania Avenue NW., Washington, DC 20460, Phone: 703-347-8769; or by email:noggle.william@epa.gov.
SUPPLEMENTARY INFORMATION:

Table of Contents I. Why is EPA using a direct final rule? II. Does this action apply to me? III. Description of Amendments to Part 761 A.Overview of Changes to 40 CFR Part 761 B.Revisions to the PCB Regulations under 40 CFR 761.207 (The Manifest—General Requirements) C.Revisions to the PCB Regulations under 40 CFR 761.208 (Use of the Manifest) D.Revisions to the PCB Regulations under 40 CFR 761.209 (Retention of Manifest Records) E.Revisions to the PCB Regulations under 40 CFR 761.210 (Manifest Discrepancies) F.Revisions to the PCB Regulations under 40 CFR 761.211 (Unmanifested Waste Report) G.Revisions to the PCB Regulations under 40 CFR 761.215 (Exception Reporting) H.Revisions to other Sections in 40 CFR 761 IV. Statutory and Executive Order Reviews A. Regulatory Flexibility Act B. Congressional Review Act I. Why is EPA using a direct final rule?

EPA is publishing this rule as a direct final rule because the Agency views this action as noncontroversial and EPA anticipates no adverse comments since these changes are only meant to update the PCB manifest regulations for the sake of consistency between the PCB manifest and the RCRA manifest. However, in the “Proposed Rules” section of today'sFederal Register, EPA is also publishing a separate document that will serve as a proposed rule should the Agency receive adverse comments on this action. EPA will not institute a second proposal or allow for another comment period on this action. Any parties interested in commenting must do so at this time using the Docket ID: EPA-HQ-RCRA-2011-0524, which is common to both this direct final rule and the proposed rule. For further information about commenting on this rule, see theADDRESSESsection of this document.

If EPA receives adverse comments, the Agency will publish a timely withdrawal in theFederal Registerinforming the public that these amendments will not take effect, and the reason for such withdrawal. EPA will address public comments in any subsequent final rule based on the proposed rule being concurrently published today.

If we do not receive adverse comments, this direct final rule will take effect on December 5, 2012.

II. Does this action apply to me?

This action applies to generators, transporters, and designated facilities (off-site disposal and commercial storage facilities) managing PCB wastes. Potentially affected categories and entities include, but are not necessarily limited to:

NAICS Description NAICS Code Examples of potentially affected entities Electric Power Distribution 221122 Generators of PCB waste. Transportation and Warehousing 48-49 Transportation of PCB waste. Waste Management and Remediation Services 562 Facilities that manage PCB waste.

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this section could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 Code of Federal Regulations (CFR) part 761. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under theFOR FURTHER INFORMATION CONTACTsection of this document.

III. Description of Amendments to Part 761 A. Overview of Changes to 40 CFR Part 761

The existing PCB manifest regulations are in 40 CFR part 761. The RCRA manifest regulations are in 40 CFR parts 262, 263, and 264. Since the promulgation of the PCB manifest regulations, several updates have been made to the RCRA manifest regulations, where the corresponding changes have not been made to the PCB manifest regulations. The intent of today's changes is to bring into alignment, as much as possible, the manifesting requirements for PCBs to those of RCRA hazardous waste. These changes are needed because PCB wastes are manifested using the RCRA Uniform Hazardous Waste Manifest and PCB waste handlers and generators need to adhere to the more recent RCRA hazardous waste manifest regulations, while still accounting for certain unique PCB manifest regulations. Since PCBs are manifested using the same manifest as RCRA hazardous waste, all of the changes described today to part 761 are already being implemented by PCB waste handlers and generators except for the exemption to manifest waste transported on a right-of-way (40 CFR 262.20(f)), and as a result, this rulemaking should have no economic impact since PCB waste handlers and generators will not have to modify their current practices on manifesting PCB waste. No additional burden is created. Furthermore, to simplify the use of both the RCRA and PCB manifest regulations, sections under part 761 are being reorganized and renumbered to parallel the similar sections under parts 262 through 264.

EPA compared the PCB manifest regulations (40 CFR part 761) to the RCRA manifest regulations (40 CFR parts 262, 263, and 264) to determine which sections from the RCRA manifest regulations do not exist in the PCB manifest regulations. Below is a table (Table 1) of the regulations from 40 CFR parts 262-264 that EPA is adding to 40 CFR part 761, where the content of the section will be new to 40 CFR part 761. Explanations for the changes below, as with the other changes in this rule, are included in the subsequent sections in this direct final rule. In addition to today's direct final rule, EPA is including, in the docket, a crosswalk between the RCRA manifest regulations and the PCB manifest regulations.

Table 1 40 CFR section Brief description of RCRA regulation 262.20(c) Designating an alternate facility on the manifest. 262.20(f) Manifesting exemption for the transport of waste on a public or private right-of-way within or along the border of contiguous property. 262.23(f) Generator requirements for rejected shipments returned by the receiving facility back to the generator. (language on non-empty containers and residues is not relevant to PCB waste). 262.40(b) 3-year exception report retention requirement for generators. 263.21(a)(2) Alternate designated facility is listed as one of the options that the transporter must deliver the waste to. 263.21(b)(2) Partial and full load rejection requirements if the waste is rejected while the transporter is on the facility's premises. 264.71(a)(1) Facility signs and dates the manifest when the waste was received, except as noted in the discrepancy space of the manifest, or when the waste was rejected as noted in the manifest discrepancy space. 264.72(a)(2) Definition of rejected wastes as manifest discrepancies. 264.72(d) Upon rejecting waste, the facility must consult with the generator prior to forwarding the waste to another facility. The facility must send the waste to another facility or back to the generator within 60 days of the rejection. While making arrangements for the rejected waste, the facility must ensure that the transporter retains custody or the facility provides secure, temporary custody of the waste. 264.72(e) Facility requirements for preparing a new manifest for full or partial load rejections that are to be sent off-site to an alternate facility. 264.72(f) Facility requirements for preparing a new manifest for rejected wastes that must be sent back to the generator. 264.72(g) Facility requirements for amending the manifest for rejected wastes after the facility has signed, dated, and returned the manifest to the delivering transporter or to the generator. 264.76(a)(6) Unmanifested waste report must include the certification signed by the owner, operator, or authorized representative of the facility. B. Revisions to the PCB Regulations under 40 CFR 761.207 (The Manifest—General Requirements)

EPA is using the following table (Table 2) to compare the sections of the PCB regulations under 40 CFR 761.207 to the equivalent or relevant sections in the RCRA regulations in 40 CFR part 262, which are §§ 262.20, 262.21, and 262.22.

Table 2 CFR Part 761
  • Section
  • CFR Part 262
  • Section
  • Description Match (Y/N) New 761 CFR
    761.207 The manifest—general requirements 262.20 General requirements. 761.207(a) 262.20(a)(1) Generator requirements Y 761.207(a). 761.207(a)(1) PCB specific N 761.207(a)(1). 761.207(a)(2) PCB specific N 761.207(a)(2). 761.207(a)(3) PCB specific N 761.207(a)(3). 262.20(a)(2) N see description below. 761.207(b) 262.21 Manifest tracking numbers, manifest printing, and obtaining manifests Supplies of printed copies of 8700-22 N 761.208. 761.207(c) State requirements N see description below. 761.207(d) State requirements N see description below. 761.207(e) State requirements N see description below. 761.207(f) State requirements N see description below. 761.207(g) 262.20(b) Generator requirements Y 761.207(b). 262.20(c) Generator requirements N 761.207(c). 761.207(h) 262.20(d) Generator and Transporter requirements Y 761.207(d). 262.20(e) Generator requirements N see description below. 262.20(f) Generator and Transporter requirements N 761.207(f). 761.207(i) 262.22 Number of copies Number of Copies Y 761.209. 761.207(j) PCB specific N 761.207(e).

    Listed below are the explanations of each change made to § 761.207 in the order listed on the table above.

    40 CFR 761.207(a)—general manifest requirements for generators:Section 761.207(a) closely matches § 262.20(a)(1). However, § 262.20(a)(1) includes references to the manifest OMB control number and treatment, storage, or disposal facilities completing a manifest for a rejected load, which § 761.207(a) does not include. Section 262.20(a)(1) also includes a reference to the manifest continuation sheet being EPA form 8700-22A. Due to the additional manifest data required under §§ 761.207(a)(1), (2), and (3), EPA form 8700-22A is not required as the continuation sheet for the PCB manifest. The OMB control number for managing PCB manifesting requirements and RCRA manifesting requirements is currently different, so the OMB control number will not be cited in Section 761.207(a). Section 761.207(a), codified through this rule, utilizes the language from § 262.20(a)(1), except for the reference to form 8700-22A and the specific OMB control number reference. Additionally, to clarify the use of a continuation sheet for the PCB manifest, a note is included in § 761.207(a), which explicitly states form 8700-22A does not need to be used as the continuation sheet.

    40 CFR 761.207(a)(1), (2), and (3)—general manifest requirements for generators:Sections 761.207(a)(1), (2), and (3) are unique requirements for completing a manifest for PCB waste, such as including the date for removal from service for disposal and the PCB article's serial number on the manifest. These sections will be retained in the updated regulations as §§ 761.207(a)(1), (2), and (3) with minor revisions.

    40 CFR 262.20(a)(2)—compliance date:Part 761 does not contain a provision similar to § 262.20(a)(2). Section 262.20(a)(2) specifies the compliance date of manifest form revisions being September 5, 2006. This compliance date was relevant to PCB manifests; however, there should not be any more of the out-dated forms being used. Accordingly, language from § 262.20(a)(2) is not included in the updated PCB regulations. Section 262.20(a)(2) will be addressed in a separate RCRA rulemaking.

    40 CFR 761.207(b)—obtaining manifests:Section 761.207(b) briefly describes how to obtain manifests. 40 CFR 262.21(g) not only includes a brief description in § 761.207(b), but also includes the most current details on obtaining manifests. Because § 761.207(b) lacks these details, § 761.208, codified through this rule, uses language from § 262.21(g). The language regarding certification of manifest printers from the remainder of § 262.21 will not be included in § 761.208, because EPA does not intend to certify printers solely for PCB manifests, when a certification process already exists under the RCRA regulation and certified printers distribute the same manifest form for both PCB and RCRA waste.

    40 CFR 761.207(c), (d), (e), and (f)—State specific manifest requirements for generators:Sections 761.207(c), (d), (e), and (f) are requirements for State specific manifests, which are no longer applicable to either the PCB or RCRA manifest requirements, because, under the revised RCRA manifest regulations promulgated on March 4, 2005 (70 FR 10815), all of the States must use the same uniform manifest for both PCB waste and RCRA hazardous waste (EPA form 8700-22). Sections 761.207(c), (d), (e), and (f) are obsolete and will be deleted from the CFR.

    40 CFR 761.207(g) and (h)—general manifest requirements for generators and transporters:The intent of the language in §§ 761.207(g) and (h) matches that of §§ 262.20(b) and (d), respectively. To harmonize the regulatory sections, the § 761.207(b) and(d), codified through this rule, will contain the language from §§ 262.20(b) and (d), and §§ 761.207(g) and (h) will be removed from the CFR.

    40 CFR 262.20(c)—designating an alternate facility:Section 262.20(c) contains the details for designating an alternate facility on the manifest. This information is relevant to completing a manifest for PCB waste; however, this information does not currently exist under part 761. Section 761.207(c), codified through this rule, will contain the language from § 262.20(c).

    40 CFR 262.20(e)—requirements for hazardous waste generators of between 100kg and 1000kg in a calendar month:Part 761 does not contain a similar provision to § 262.20(e). Section 262.20(e) contains exceptions for generators of hazardous waste between 100kg and 1000kg in a calendar month, which is unique to the RCRA hazardous waste regulations. There is no such exception or distinction of PCB generators based on quantity in the PCB regulations. Language from § 262.20(e) will not be incorporated in § 761.207(e), codified through this rule.

    40 CFR 262.20(f)—exceptions for public or private right-of-way:Part 761 does not contain a provision similar to § 262.20(f). Section 262.20(f) contains manifesting exceptions when transporting hazardous wastes on a public or private right-of-way within or along the border of contiguous property (codified under 62 FR 6651, Feb. 12, 1997). EPA believes this manifesting exception is relevant to PCB waste. The citations in § 262.20(f) to § 263.30 and § 263.31 show that a cleanup on a private or public right-of-way is necessary despite the manifesting exemption. The cleanup and disposal of a PCB waste resulting from a spill is covered under part 761 Subparts D and G. The regulation here merely exempts the manifesting requirements, which are separate from Subparts D and G, thus the language regarding a discharge of the waste is redundant and not included in the updated § 761.207(f). Section 262.20(f) cites the marking regulations in § 262.32(b) which are substantially different than the PCB marking regulations, so that portion of § 262.20(f) will also not be included in the updated PCB regulations.

    40 CFR 761.207(i)—number of copies:The intent of the language in § 761.207(i) matches that of § 262.22. Both sections describe the required number of copies of the manifest, but § 262.22 contains more streamlined language. Section 262.22 does not specify that the copy be returned to the generator `by the owner or operator of the first designated commercial storage or disposal facility'; however, this language is included in this rulemaking under new § 761.213(a)(2)(iv), codified through this rule. The updated § 761.209, also codified through this rule, will contain language from § 262.22, and § 761.207(i) will be removed from the CFR.

    40 CFR 761.207(j)—general manifest requirements for PCB waste:Section 761.207(j) contains unique requirements for completing a manifest for PCB waste, such as what type of PCB waste requires a manifest. This section will be retained in the updated regulations and will be re-numbered as § 761.207(e).

    C. Revisions to the PCB Regulations Under 40 CFR 761.208 (Use of the Manifest)

    EPA is using the following table (Table 3) to compare the PCB regulations under § 761.208 to the equivalent or relevant sections in the RCRA regulations in 40 CFR parts 262, 263, and 264, which are §§ 262.23, 263.20, 263.21, and 264.71.

    Table 3 CFR Part 761 Section CFR Parts 262-264 Section Description Match (Y/N) New 761 CFR 761.208 Use of the manifest. 262.23 Use of the manifest. 761.208(a)(1) 262.23(a) Generator requirements Y 761.210(a). 761.208(a)(1)(i) 262.23(a)(1) Generator requirements Y 761.210(a)(1). 761.208(a)(1)(ii) 262.23(a)(2) Generator requirements Y 761.210(a)(2). 761.208(a)(1)(iii) 262.23(a)(3) Generator requirements Y 761.210(a)(3). 761.208(a)(1)(iv) 262.23(b) Generator requirements Y 761.210(b). 761.208(a)(2) 262.23(c) Generator requirements Y 761.210(c). 761.208(a)(3) 262.23(d) Generator requirements Y 761.210(d). 761.208(a)(3)(i) 262.23(d)(1) Generator requirements Y 761.210(d)(1). 761.208(a)(3)(ii) 262.23(d)(2) Generator requirements Y 761.210(d)(2). 262.23(d)(3) Generator requirements N see description below. 262.23(e) Generator requirements N see description below. 262.23(f) Generator requirements N 761.210(e). 761.208(a)(4) Generator requirements N see description below. 263.20 The manifest system. 761.208(b)(1) 263.20(a)(1) Y 761.211(a)(1). 761.208(b)(1)(i) Exception for manifesting if PCB waste is below 50 ppm N 761.211(a)(1)(i). 761.208(b)(1)(ii) Exception for manifesting if transporter is taken to a designated facility that is owned by the generator N 761.211(a)(1)(ii). 263.20(a)(2) Transporter requirements N see description below. 263.20(a)(3) Transporter requirements N see description below. 761.208(b)(2) 263.20(b) Transporter requirements Y 761.211(b). 761.208(b)(3) 263.20(c) Transporter requirements N 761.211(c). 761.208(b)(4) 263.20(d) Transporter requirements Y 761.211(d). 761.208(b)(4)(i) 263.20(d)(1) Transporter requirements Y 761.211(d)(1). 761.208(b)(4)(ii) 263.20(d)(2) Transporter requirements Y 761.211(d)(2). 761.208(b)(4)(iii) 263.20(d)(3) Transporter requirements Y 761.211(d)(3). 761.208(b)(5) 263.20(e) Transporter requirements Y 761.211(e). 761.208(b)(5)(i) 263.20(e)(1) Transporter requirements Y 761.211(e)(1). 761.208(b)(5)(ii) 263.20(e)(2) Transporter requirements N 761.211(e)(2). 761.208(b)(5)(iii) 263.20(e)(3) Transporter requirements Y 761.211(e)(3). 761.208(b)(5)(iv) 263.20(e)(4) Transporter requirements Y 761.211(e)(4). 761.208(b)(5)(v) 263.20(e)(5) Transporter requirements Y 761.211(e)(5). 761.208(b)(6) 263.20(f) Transporter requirements Y 761.211(f). 263.20(g) Transporter requirements N see description below. 263.20(h) Transporter requirements N see description below. 263.21 Compliance with the manifest. 761.208(b)(7) 263.21(a) Transporter requirements Y 761.212(a). 761.208(b)(7)(i) 263.21(a)(1) Transporter requirements Y 761.212(a)(1). 263.21(a)(2) Transporter requirements N 761.212(a)(2). 761.208(b)(7)(ii) 263.21(a)(3) Transporter requirements Y 761.212(a)(3). 263.21(a)(4) Transporter requirements N see description below. 761.208(b)(8) 263.21(b)(1) Transporter requirements Y 761.212(b)(1). 263.21(b)(2) Transporter requirements N 761.212(b)(2). 263.21(b)(2)(i) Transporter requirements N 761.212(b)(2)(i). 263.21(b)(2)(ii) Transporter requirements N 761.212(b)(2)(ii). 761.208(b)(9) DOT 49 CFR part 171 N 761.212(b)(2)(iii). 264.70 Applicability. 264.70(a) Designated facility requirements N see description below. 264.70(b) N see description below. 264.71 Use of manifest system. 264.71(a)(1) Designated facility requirements N 761.213(a)(1). 761.208(c)(1) 264.71(a)(2) Designated facility requirements Y 761.213(a)(2). 761.208(c)(1)(i) 264.71(a)(2)(i) Designated facility requirements Y 761.213(a)(2)(i). 761.208(c)(1)(ii) 264.71(a)(2)(ii) Designated facility requirements Y 761.213(a)(2)(ii). 761.208(c)(1)(iii) 264.71(a)(2)(iii) Designated facility requirements Y 761.213(a)(2)(iii). 761.208(c)(1)(iv) 264.71(a)(2)(iv) Designated facility requirements Y 761.213(a)(2)(iv). 761.208(c)(1)(v) 264.71(a)(2)(v) Designated facility requirements Y 761.213(a)(2)(v). 264.71(a)(3) Designated facility requirements N see description below. 761.208(c)(2) 264.71(b) Designated facility requirements Y 761.213(b). 761.208(c)(2)(i) 264.71(b)(1) Designated facility requirements Y 761.213(b)(1). 761.208(c)(2)(ii) 264.71(b)(2) Designated facility requirements Y 761.213(b)(2). 761.208(c)(2)(iii) 264.71(b)(3) Designated facility requirements Y 761.213(b)(3). 761.208(c)(2)(iv) 264.71(b)(4) Designated facility requirements Y 761.213(b)(4). 761.208(c)(2)(v) 264.71(b)(5) Designated facility requirements Y 761.213(b)(5). 761.208(c)(3) 264.71(c) Designated facility requirements N 761.213(c). 264.71(d) Designated facility requirements N see description below. 264.71(e) Designated facility requirements N see description below.

    Listed below are the explanations for each change made to § 761.208 in the table above.

    40 CFR 761.208(a)(1), (a)(2), and (a)(3)—generator requirements for completing a manifest:The intent of the language in §§ 761.208(a)(1), (a)(1)(i), (a)(1)(ii), (a)(1)(iii), (a)(1)(iv), (a)(2), (a)(3), (a)(3)(i), and (a)(3)(ii) matches that of §§ 262.23(a), (a)(1), (a)(2), (a)(3), (b), (c), (d), (d)(1), and (d)(2), respectively. All sections describe a portion of the generator requirements for completing a manifest. A portion of § 262.23(c) contains the requirements for exporting bulk shipments of waste by water. This information could be relevant to completing a manifest for PCB waste; however, because PCB waste has unique import and export restrictions found in part 761 subpart F, specific manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking. Sections 761.208(a)(1), (a)(1)(i), (a)(1)(ii), (a)(1)(iii), (a)(1)(iv), (a)(2), (a)(3), (a)(3)(i), and (a)(3)(ii) will be re-written to include language from §§ 262.23(a), (a)(1), (a)(2), (a)(3), (b), (c), (d), (d)(1), and (d)(2), and § 761.208(a)and will be renumbered under § 761.210.

    40 CFR 262.23(d)(3)—exporting waste by rail:Part 761 does not contain a similar provision to § 262.23(d)(3). Section 262.23(d)(3) contains the requirements for exporting waste by rail. This information could be relevant to completing a manifest for PCB waste; however, for the reasons described in the paragraph above, specific manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking.

    40 CFR 262.23(e)—States not yet authorized to regulate a specific hazardous waste:Part 761 does not contain a similar provision to § 262.23(e). Section 262.23(e) contains regulations regarding shipments of hazardous waste to States which have not yet obtained authorization to regulate that particular waste. Due to PCBs being regulated under TSCA at the Federal level, § 262.23(e) is not relevant to manifesting PCBs. Section 262.23(e) will not be referenced in the PCB regulations.

    40 CFR 262.23(f)—rejected shipments:Part 761 does not contain a provision similar to § 262.23(f), even though the substance of § 262.23(f) is relevant to rejected loads of PCB waste with the exception of the reference to § 265.72(f). Section 262.23(f) describes generator requirements for rejected shipments of hazardous waste that are returned to the generator by the designated facility (following the procedures of §§ 264.72(f) or 265.72(f)). Section 761.210(e), codified through this rule, includes language from § 262.23(f) and all the sections under § 262.23(f), except for language on residues. The empty container residue language from RCRA is not relevant to PCB waste, because there is no equivalent section under the PCB regulations for § 261.7Residues of hazardous waste in empty containers(i.e.PCB residues are regulated differently than residues of RCRA hazardous waste). PCB residues will not be addressed in this action.

    40 CFR 761.208(a)(4)—exception reporting:The language in § 761.208(a)(4) closely matches that of §§ 262.42(a)(1) and (a)(2). All three sections describe a portion of the exception reporting requirements for a manifest. Sections 262.42(a)(1) and (a)(2) are specifically for generators of greater than 1000 kg of hazardous waste in a calendar month. There is no such quantity distinction for PCB generators in part 761. Also, § 761.208(a)(4) contains a requirement for the generator to retain a written record of all telephone or other confirmations to be included in the annual document log, in accordance with § 761.180, specifically § 761.180(a)(2)(viii). EPA believes this requirement is no longer necessary to effectively monitor compliance for exception reporting. The language from § 761.208(a)(4) will not be retained in the updated PCB regulations. Section 761.208(a)(4) will be removed from the CFR. Section 761.180(a)(2)(viii) will be removed from the CFR as well.

    40 CFR 761.208(b)(1)—generator manifest requirements for transporters:The language in § 761.208(b)(1) closely matches that of § 263.20(a)(1). However, the exceptions listed in §§ 761.208(b)(1)(i) and (ii) are PCB-specific manifest requirements, so §§ 761.208(b)(1), (b)(1)(i) and (b)(1)(ii) will be retained and renumbered as §§ 761.211(a), (a)(1)(i), and (a)(1)(ii).

    40 CFR 263.20(a)(2)—EPA Acknowledgement of Consent is required for exports:Part 761 does not contain a provision similar to § 263.20(a)(2). Section 263.20(a)(2) contains requirements for both exports of wastes that are subject to Subpart H of 40 CFR part 262 and exports of wastes that are not. Even though some of the content found under § 263.20(a)(2) may be relevant to exports of PCB waste, specific requirements for imports and exports of PCBs for disposal will not be addressed in this rule, because PCB waste has unique import and export restrictions found in part 761 subpart F.

    40 CFR 263.20(a)(3)—compliance date:Part 761 does not contain a provision similar to § 263.20(a)(3). Section 263.20(a)(3) specifies the compliance date of Uniform Hazardous Waste Manifest form revisions being September 5, 2006. This compliance date was relevant to PCB manifests; however, there should not be any more of the out-dated forms being used. Accordingly, language from § 263.20(a)(3) is not included in the PCB regulations. Section 263.20(a)(3) will be addressed in a separate RCRA rulemaking.

    40 CFR 761.208(b)(2), (b)(4), and (b)(5)—transporter requirements for completing a manifest:The intent of the language in §§ 761.208(b)(2), (b)(4), (b)(4)(i), (b)(4)(ii), (b)(4)(iii), (b)(5), (b)(5)(i), (b)(5)(ii), (b)(5)(iii), (b)(5)(iv), and (b)(5)(v) matches that of §§ 263.20(b), (d), (d)(1), (d)(2), (d)(3), (e), (e)(1), (e)(2), (e)(3), (e)(4), and (e)(5). All sections detail a portion of the transporter requirements for completing a manifest. Sections 761.211(b), (d), (d)(1), (d)(2), (d)(3), (e), (e)(1), (e)(2), (e)(3), (e)(4), and (e)(5), codifed through this rule, will contain language from §§ 263.20(b), (d), (d)(1), (d)(2), (d)(3), (e), (e)(1), (e)(2), (e)(3), (e)(4), and (e)(5). Sections 761.208(b)(2), (b)(4), (b)(4)(i), (b)(4)(ii), (b)(4)(iii), (b)(5), (b)(5)(i), (b)(5)(ii), (b)(5)(iii), (b)(5)(iv), and (b)(5)(v) will be removed from the CFR.

    40 CFR 263.20(c)—accompanying EPA Acknowledgment of Consent:Section 761.208(b)(3) is similar to § 263.20(c). However, § 263.20(c) includes a requirement for an export of waste to have an accompanying EPA Acknowledgment of Consent. Manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking, as PCB waste has unique import and export restrictions found in part 761 subpart F. Therefore, the language from § 263.20(c) will not be included in the PCB regulations. Instead, the language from § 761.208(b)(3) will be retained and renumbered as § 761.211(c), and § 761.208(b)(3) will be removed from the CFR.

    40 CFR 263.20(e)(2)—accompanying EPA Acknowledgment of Consent:Section 761.208(b)(5)(ii) is similar to § 263.20(e)(2). However, § 263.20(e)(2) includes a requirement for an export of waste to have an accompanying EPA Acknowledgment of Consent. Since manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking for the reasons described above, the language from § 263.20(e)(2) will not be included in § 761.211(e)(2). Instead, the language from § 761.208(b)(5)(ii) will be retained and renumbered as § 761.211(e)(2), and § 761.208(b)(5)(ii) will be removed from the CFR.

    40 CFR 761.208(b)(6)—shipments involving rail transportation:The intent of the language in § 761.208(b)(6) matches that of § 263.20(f). In fact, § 761.208(b)(6) already references § 263.20(f). Section 761.211(f) and sections under § 761.211(f), codified through this rule, will contain language from § 263.20(f) and all the sections under § 263.20(f). However, § 263.20(f)(1)(iii)(c) and § 263.20(f)(2) both reference exports which will not be addressed in this rulemaking. Thus, § 263.20(f)(1)(iii)(c) and the portion of § 263.20(f)(2) referencing the RCRA Acknowledgement of Consent will not be included in the regulations. Section 761.208(b)(6) will be removed from the CFR.

    40 CFR 263.20(g)—transporting waste out of the United States:Part 761 does not contain a provision similar to § 263.20(g), even though the content of § 263.20(g) could be relevant to completing a manifest for PCB waste. Section 263.20(g) contains requirements for transporting waste out of the United States. Specific manifest requirements for imports and exports of PCBs fordisposal will not be addressed in this rulemaking because PCB waste has unique import and export restrictions found in part 761 subpart F.

    40 CFR 263.20(h)—transporter requirements when transporting waste from a generator of between 100kg and 1000kg of hazardous waste in a calendar month:Part 761 does not contain a provision similar to § 263.20(h). Section 263.20(h) contains exceptions for generators of hazardous waste between 100kg and 1000kg in a calendar month. There is no such exception or distinction of PCB generators based on quantity in part 761. Therefore, language from § 263.20(h) will not be included in the PCB regulations.

    40 CFR 761.208(b)(7)—transporter delivering to designated facility or next transporter:The intent of the language in §§ 761.208(b)(7), (b)(7)(i), and (b)(7)(ii) matches that of §§ 263.21(a), (a)(1), and (a)(3). All sections contain a portion of the transporter requirements for completing a manifest. Sections 761.212(a), (a)(1), and (a)(3), codified through this rule, will contain language from §§ 263.21(a), (a)(1), and (a)(3) to maintain consistency with the RCRA regulations. Section 761.208(b)(7) will be removed from the CFR.

    40 CFR 263.21(a)(2)—alternate designated facility:Section 263.21(a)(2) contains the requirement for delivering waste to an alternate facility if the waste cannot be delivered to the designated facility. Even though the substance of § 263.21(a)(2) is relevant to delivery of PCB waste, part 761 does not currently have a provision similar to § 263.21(a)(2). Section 761.212(a)(2), codified through this rule, will contain language from § 263.21(a)(2).

    40 CFR 263.21(a)(4)—delivering waste to a place outside the United States:Part 761 does not contain a provision similar to § 263.21(a)(4). Section 263.21(a)(4) contains the requirement for delivering waste to a place outside the United States. Even though the content of § 263.21(a)(4) could be relevant to completing a manifest for PCB waste, specific manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking for the reasons previously described.

    40 CFR 761.208(b)(8)—what to do when waste cannot be delivered:The intent of the language in § 761.208(b)(8) matches that of § 263.21(b)(1). Both sections contain the transporter requirements when waste cannot be delivered. Section 761.212(b)(1), codified through this rule, will contain language from § 263.21(b)(1) to maintain consistency with the RCRA regulations. Section 761.208(b)(8) will be removed from the CFR.

    40 CFR 263.21(b)(2)—partial and full load rejections:Section 263.21(b)(2) contains the requirement for partial load and full load rejections of waste. Even though the substance of § 263.21(b)(2) is relevant to rejected loads of PCB waste, part 761 does not currently have a provision similar to § 263.21(b)(2). Sections 761.212(b)(2), (b)(2)(i), and (b)(2)(ii), codified through this rule, will contain language from §§ 263.21(b)(2), (b)(2)(i), and (b)(2)(ii).

    40 CFR 264.70(a)—applicability of manifest regulations to RCRA regulated entities:Part 761 does not contain a provision similar to § 264.70(a). Section 264.70(a) is specific to the RCRA regulations, and thus will not be included in the regulatory changes.

    40 CFR 264.70(b)—compliance date:Part 761 does not contain a provision similar to § 264.70(b). Section 264.70(b) specifies the compliance date of manifest form revisions being September 5, 2006. This compliance date was relevant to PCB manifests; however, there should not be any more of the out-dated forms being used. Accordingly language from § 264.70(b) is not included in the PCB regulations. Section 264.70(b) will be addressed in a separate RCRA rulemaking.

    40 CFR 761.208(b)(9)—DOT regulations:Section 761.208(b)(9) emphasizes the significance of transporter regulations issued by the Department of Transportation (DOT) and set forth at 49 CFR part 171. Even though the same requirement is in place for transporters of RCRA hazardous waste, there is not an appropriate section under 40 CFR parts 262, 263, and 264 to reference. Accordingly, § 761.208(b)(9) will be retained, but renumbered to § 761.212(b)(2)(iii).

    40 CFR 264.71(a)(1)—receiving facility requirements for completing a manifest:Section 264.71(a)(1) contains requirements for the receiving facility signing the manifest. Even though the substance of § 264.71(a)(1) is relevant to receiving PCB waste, part 761 does not currently have a provision similar to § 264.71(a)(1). Section 761.213(a)(1), codified through this rule, will contain language from § 264.71(a)(1).

    40 CFR 761.208(c)(1)—receiving facility requirements for completing a manifest:The intent of the language in section § 761.208(c)(1) and its various subsections matches that of § 264.71(a)(2) and its various subsections. All sections contain the facility requirements when waste is delivered. However, § 761.208(c)(1) specifies the requirement for an off-site shipment, which is unique to the PCB regulations, and § 264.71(a)(2) does not include a similar provision. Section 761.208(c)(1) will be retained and renumbered to § 761.213(a)(2). The subsections under new § 761.213(a)(2) will contain language from the subsections under § 264.71(a)(2). Subsections under § 761.208(c)(1) will be removed from the CFR.

    40 CFR 264.71(a)(3)—receiving waste from outside the United States:Part 761 does not have a provision similar to § 264.71(a)(3). Section 264.71(a)(3) contains the requirement for receiving waste from outside the United States. Even though the content of § 264.71(a)(3) could be relevant to PCB waste, specific manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking for the reasons previously described.

    40 CFR 761.208(c)(2)—receiving facility requirements when waste is shipped by rail or water:The intent of the language in § 761.208(c)(2) and its various subsections matches that of § 264.71(b) and its various subsections. All sections contain the facility requirements when waste is delivered via rail or water. Section 761.213(b) and its various subsections, codified through this rule, will contain language from § 264.71(b). Section 761.208(c)(2) will be removed from the CFR.

    40 CFR 761.208(c)(3)—waste initiated from a disposal facility:The intent of the language in § 761.208(c)(3) matches that of § 264.71(c). However, § 761.208(c)(3) specifies the requirement for an off-site shipment, which is unique to the PCB regulations, and § 264.71(c) does not include a similar provision. Section 761.208(c)(3) will be retained and renumbered to 761.213(c).

    40 CFR 264.71(d)—tracking document for wastes under 40 CFR 262 Subpart H:Part 761 does not contain a provision similar to § 264.71(d). Section 264.71(d) contains instructions for shipments subject to 40 CFR 262 Subpart H, which deals with transboundary shipments of hazardous waste for recovery within the Organization for Economic Co-operation and Development (OECD). Regardless of whether the content of § 264.71(d) could be relevant for PCB waste, specific requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking, because PCB waste has unique import and export restrictions found in part 761 subpart F. Language from § 264.71(d) will therefore not be included in the PCB regulations.

    40 CFR 264.71(e)—additional wastes regulated by the consignment state:Part 761 does not contain a provision similar to § 264.71(e). Section 264.71(e) contains instructions for how to handleadditional wastes regulated as hazardous wastes by the consignment state under its RCRA authorized state program. PCBs are regulated federally under TSCA authority, so § 264.71(e) does not apply. Language from § 264.71(e) will therefore not be included in the PCB regulations.

    D. Revisions to the PCB Regulations under 40 CFR 761.209 (Retention of Manifest Records)

    EPA used the following table (Table 4) to compare the sections of the PCB regulations under 40 CFR 761.209 to the equivalent or relevant sections in the RCRA regulations in 40 CFR parts 262, 263, and 264, which are §§ 262.40, 263.22, and 264.71.

    Table 4 CFR Part 761 Section CFR Parts 262-264 Section Description Match (Y/N) New 761 CFR 761.209 Retention of manifest records 263.22 Recordkeeping. 761.209(a) 262.40(a) Retention requirements N 761.214(a)(1). 761.209(b)(1) 263.22(a) Retention requirements Y 761.214(a)(2). 761.209(b)(2) 263.22(b) Retention requirements Y 761.214(b). 761.209(b)(3) 263.22(c) Retention requirements Y 761.214(c). 761.209(b)(3)(i) 263.22(c)(1) Retention requirements Y 761.214(c)(1). 761.209(b)(3)(ii) 263.22(c)(2) Retention requirements Y 761.214(c)(2). 263.22(d) 3 year retention requirement N see description below. 761.209(c) 264.71(a)(2)(v), 264.71(b)(v) 3 year retention requirement Y 761.213(a)(2)(v), 761.213(b)(5). 262.40(b) 3 year retention requirement N 761.214(d). 761.209(d) 263.22(e) Retention requirements Y 761.214(e).

    Listed below are the explanations of each change made to § 761.209 in the table above.

    40 CFR 761.209(a)—retention requirements for generators:The language in § 761.209(a) closely matches that of § 262.40(a). Both sections contain manifest retention requirements for generators, but the language in § 262.40(a) is more streamlined. However, Section 761.209(a) references retention requirements in 761.180(a), which states that annual records, including manifests, must be maintained for three years after the facility ceases using or storing PCBs and PCB Items. Section 761.214(a)(1), codified through this rule, will contain language from § 262.40(a), as well as a reference to Section 761.180. Section 761.209(a) will be removed from the CFR.

    40 CFR 761.209(b)(1), (b)(2), and (b)(3)—retention requirements for transporters:The intent of the language in §§ 761.209(b)(1), (b)(2), (b)(3), (b)(3)(i), and (b)(3)(ii) matches that of §§ 263.22(a), (b), (c), (c)(1), and (c)(2). All sections contain manifest retention requirements for transporters. Sections 761.214(a)(2), (b), (c), (c)(1), and (c)(2), codified through this rule, will contain the language from §§ 263.22(a), (b), (c), (c)(1), and (c)(2) to maintain consistency with the RCRA regulations. Sections 761.209(b)(1), (b)(2), (b)(3), (b)(3)(i), and (b)(3)(ii) will be removed from the CFR.

    40 CFR 263.22(d)—retention requirements for transporters who transport out of the United States:Part 761 does not have a provision similar to § 263.22(d). Section 263.22(d) contains retention requirements for transporters who transport waste out of the United States. Even though the content of § 263.22(d) could be relevant to completing a manifest for PCB waste, specific manifest requirements for imports and exports of PCBs for disposal will not be addressed in this rulemaking for the reasons previously described.

    40 CFR 761.209(c)—retention requirements for receiving facilities:The intent of the language in § 761.209(c) matches that of §§ 264.71(a)(2)(v) and 264.71(b)(5). All sections contain manifest retention requirements for facilities. As explained with respect to sections 761.208(c)(1)(v) and (c)(2)(v), new §§ 761.213(a)(2)(v) and (b)(5) will contain language from §§ 264.71(a)(2)(v) and 264.71(b)(5) to maintain consistency with the RCRA regulations. Section 761.209(c) will be removed from the CFR.

    40 CFR 262.40(b)—exception report retention requirement for generators:Part 761 does not have a provision similar to § 262.40(b). Section 262.40(b) contains the 3-year exception report retention requirement for generators. The content of § 262.40(b) pertaining to the exception report is relevant to PCB exception reports. Thus, § 761.214(d), codified through this rule, will contain language from § 262.40(b).

    40 CFR 761.209(d)—retention period for enforcement actions:The intent of the language in § 761.209(d) matches that of § 263.22(e). Both sections refer to extending the retention period for enforcement actions. Section 761.214(e), codified through this rule, will contain language from § 263.22(e) to maintain consistency with the RCRA regulations. Section 761.209(d) will be removed from the CFR.

    E. Revisions to the PCB Regulations Under 40 CFR 761.210 (Manifest Discrepancies)

    EPA used the following table (Table 5) to compare the PCB regulations under § 761.210 to the equivalent or relevant section in the RCRA regulations in 40 CFR part 264, which is § 264.72.

    Table 5 CFR Part 761 Section CFR Part 264 Section Description Match (Y/N) New 761 CFR 761.210 Manifest discrepancies 264.72 Manifest discrepancies. 761.210(a) 264.72(a) Manifest discrepancies Y 761.215(a). 761.210(a)(1) 264.72(a)(1) Manifest discrepancies Y 761.215(a)(1). 264.72(a)(2) Manifest discrepancies N 761.215(a)(2). 264.72(a)(3) Manifest discrepancies N see description below. 761.210(a)(1)(i) 264.72(b) Manifest discrepancies Y 761.215(a) and 761.215(a)(1). 761.210(a)(1)(ii) 264.72(b) Manifest discrepancies Y 761.215(a) and 761.215(a)(1). 761.210(a)(2) 264.72(b) Manifest discrepancies Y 761.215(b). 761.210(b) 264.72(c) Manifest discrepancies Y 761.215(c). 264.72(d)(1) Manifest discrepancies N 761.215(d)(1). 264.72(d)(2) Manifest discrepancies